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payment by the obligor/ borrower involved in domestic financing also applies to cross-border financing.
The banks and the businesses which deal in international finance and trade have to take careful steps to
mitigate and manage the foreign exchange and country risks; in addition to credit risk which is enhanced
as the obligor is a non-resident outside the geographic and legal boundaries of India.
7.3. CROSS - BORDER FUND RAISING SOURCES:
The main rationale of mobilizing external funds in India mainly is as follows:
The domestic savings rate and volume are inadequate to meet the investment needs of the
economy, involving a large investment in infrastructure projects, like roads, seaports, airports,
power.
The countrys merchandise imports exceed its merchandise exports.
The cost of domestic funds is much higher than the cost of external funds.
External funds are raised broadly by four methods/ sources which are briefly described below.
7.3.1. External Commercial Borrowings (ECBs):
ECBs refer to the convertible foreign currency loans raised from international financial markets. The
ECB policy lay down by Ministry of Finance; Government of India prescribes the quantum, maturity
and use of foreign currency funds and gives priority to infrastructure development. RBI has been
delegated the responsibility of clearing corporate and institutional proposals for raising ECBs up to the
specified limits. ECBs include the following:
i)
ii)
Floating Rate Notes (FRNs): Interest is quoted as certain basis points above LIBOR (London
Inter-Bank Offered Rate) and changes with LIBOR. The spread depends on the borrower
risk. Notes are for short periods.
iii)
Fixed Rate Bonds: These are for medium term and the interest depends on the maturity
period and credit standing of the party.
iv)
v)
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are repatriated in India. By issuing the shares in foreign markets, the visibility and standing of the issuer
gets enhanced among international investors.
Global Depository Receipts (GDRs) are issued in Euro market and are very popular among foreign
investors.
American Depository Receipts (ADRs) are denominated in USD and traded on NASDAQ (National
association of Security Dealers Automated Quotation System) and NYSE (New York Stock Exchange).
International Depository Receipts (IDRs) are traded in Europe and are also called European Depository
Receipts.
7.3.3. FCNR/ NRE Accounts:
Non-resident deposits are mobilized from the persons of Indian nationality, or Indian origin living
abroad (NRIs) and Oversea Corporate Bodies (OCBs) predominantly owned by such persons. There are
clusters of NRIs in Middle East, USA, Canada, and South East Asia.
a) Non-resident Indians (NRIs): These fall in two categories:
These are Indian citizens who stay abroad for employment or business or vocation
outside India or for any other purpose in the circumstances indicating an intention to stay
abroad or an uncertain period. Income Tax Act has prescribed minimum residence period
abroad in a year or block of years for determining income tax liability of such persons in
India.
Persons of Indian Origin (PIOs): These are persons of Indian origin (other than Pakistan
or Bangla Desh) who had held Indian Passport at any time, or whose parents or grand
parents was a citizen of India, or the person is an spouse of an Indian citizen.
b) Overseas Corporate Bodies (OCBs): These refer to a company, partnership firm, society or other
corporate body owned directly or indirectly to the extent of at least 60% by NRIs.
NRIs can maintain the following types of accounts with banks in India, which are designated as
Authorized Dealers (ADs) by RBI. NRIs accounts are exempt from income tax, wealth tax, gift tax.
Loans against the security of these deposits can also be granted by banks in India.
Foreign Currency Non-Resident (FCNR) accounts: These are maintained in British Pound,
USD, DM, Japanese Yen, Euro or other currencies as may be designated by RBI from time to
time. The account can be opened only as a Term deposit for a maximum period of 3 years,
subject to renewal if desired by the depositor. Interest rates are linked to the international rates of
interest of the respective currencies, as determined and notified to Authorized Dealers (ADs)
from time to time.
Non-Resident External (NRE) accounts : The NRIs may remit money in any permitted foreign
currency and the remittance is converted in Rupees for credit to NRE accounts. The accounts can
be in form of current, savings, fixed deposit, recurring deposits. Interest rates and other terms of
these accounts are as per RBI directives. These are higher than the rates on comparable domestic
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deposits during periods when RBI wants to encourage the inflow of funds in NR(E) accounts.
The interest rates on these accounts are lowered when their inflow is to be discouraged by RBI.
7.3.4. Direct Foreign Investment:
FDI is an important route for mobilizing foreign funds by way of equity participation in Indian
enterprises to the extent permitted by the countrys regulations. FDI brings foreign capital plus foreign
technology and managerial skills. Further, with the retention of a part of profits, FDI helps in capital
formation in the host country. In these ways, FDI is a better funding source as compared to ECB, which
involves debt servicing by the country entailing foreign exchange outflow over a period of time.
Since 1991, Government of India has been encouraging FDI in several sectors, particularly high
technology and infrastructure sectors, by raising the investment limits and relaxing the procedural
hurdles. FDI in India is approved through two routes:
Automatic Approval route: RBI accords automatic approval within 2 weeks if the parameters of
the Foreign Investment Policy are met.
Foreign Investment Promotion Board (FIPB) route: It considers cases not covered by the first
route and decision is taken within 4-6 weeks, based on a liberal approach.
7.4. IMPORT FINANCING:
7.4.1. Import Trade Policy:
Indias Trade Policy has been liberalized significantly since 1991. The present trade policy seeks to
make the countrys economy stronger and competitive with increasing integration with the global
economy. The main objectives of the Import Trade Policy are:
To accelerate the countrys transition to a globally oriented vibrant economy with a view to
deriving maximum benefits from expanding global market opportunities.
To stimulate sustained economic growth by providing access to essential raw materials,
intermediates , components,, consumables and capital goods required for augmenting
production.
To enhance the technological strength and efficiency of Indian agriculture, industry and services,
thereby improving their competitive strength, while generating new employment opportunities,
and to encourage the attainment of internationally accepted standards of quality.
Certain provisions of the countrys Trade Policy, relevant for bank finance, may be briefly described as
follows:
i)
Every importer/ exporter has to have an Importer-Exporter Code (IEC) number as a prerequisite for import or export trade.
ii)
The goods listed under the Negative list are prohibited for import/ export and goods under
Restrictive list can be imported/ exported on a restricted basis only as prescribed or
permitted by the appropriate trade authorities.
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iii)
Imports of goods under Open General Licence (OGL) is permitted without any licence. For
other goods, Import licence is issued by an authorized officer of the Central government in
terms of the EXIM (Export Import ) Policy.
Trade Control requirements: These have been mentioned in the previous paragraph.
ii)
Exchange Control requirements: These relate to opening of Import LCs, methods of payment
and their time frames. Exchange Control regulations of RBI (AD circulars) and Foreign
Exchange Management Act (FEMA) provisions are required to be complied by the traders
and bankers. Failure in compliance is strictly viewed by RBI and may lead to adverse
consequences.
iii)
Uniform Customs and Practices for Documentary Credit (UCPDC) prescribes guidelines for
LCs issuance , negotiation, confirmation etc. which are to be followed by banks dealing in
international trade financing.
iv)
Foreign Exchange Dealers Association of India (FEDAI), the apex forum of banks authorized
to deal in foreign exchange in India, has prescribed guidelines and fees etc. for various kinds
of forex transactions, in consultation with RBI. These are followed by all Authorised
Dealers.
Import Letter of Credit: The main features and kinds of LC as a non-fund based credit
facility has already been discussed in Units 3 and 6 respectively. LCs are used in domestic as
well as international trade. While opening Import LCs, the banker has to ensure compliance
with all the regulatory requirements mentioned in paragraph 7.4.2., which is not necessary
for opening LCs for domestic trade. There is another difference between import LC and
domestic trade LC. In Import LCs, apart from Opening bank, Advising bank, Negotiating
bank, there are usually two other types of banks as follows, which are not always involved in
domestic LCs:
Re-imbursing bank, which honours the settlement of the negotiation/ payment/ acceptance
lodged by the Negotiating bank, and
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Confirming bank, that adds its guarantee to the LC opened by another bank by undertaking
responsibility to pay/ negotiate/accept the documents under the LC, in addition to the prime
responsibility of the Issuing bank. A confirmed LC thus provides two guarantor banks for
payment of one bill of exchange covered by the LC.
We have already described the features of Revocable and Irrevocable LC, Fixed and Revolving LC in
Unit 6. The other kinds of LCs are described below:
Confirmed Irrevocable LC: Only irrevocable LC can be confirmed by another bank. Hence a
Confirmed Irrevocable LC is guaranteed by two banks- the Opening bank and the Confirming
bank. It thus provides to the exporter a better assurance of payment of the bill of exchange on the
due date. Hence, for export to unknown parties for the first time, exporters stipulate for opening
confirmed irrevocable LC and also without recourse to the drawer.
Transferable Credit: It permits transfer by the original beneficiary in favour of second (one or
more) beneficiary. It enables the original beneficiary, who is a middleman or merchant exporter,
to earn his commission by substituting his invoices for the invoices of the manufacturers (actual
suppliers).
Red Clause Credit: This is a form of Anticipatory Credit, which allows a part of the credit to be
made to the beneficiary by way of an advance at pre-shipment stage in anticipation of actual
shipment; the advance along with interest is adjusted from the proceeds of the export bills in due
course. The Red Clause (printed in red) Credit provides for payment of an advance to the
beneficiary (exporter) by the negotiating bank for purchase of raw materials and meeting
processing/ packaging expenses in regard to the export order. The advance is adjusted from the
export bills proceeds along with interest.
Green Clause Credit: It is an extended version of Red clause Credit. It provides advance not
only for the purposes of Red Clause (i.e. raw materials purchase, processing/ packing charges)
but also for warehousing and insurance charges at port when the goods are stored, pending
shipping space or availability of ship. The advance is granted against warehouse warrants as
security and only after the goods are kept in bonded warehouses.
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Stand-by Letter of Credit: Such Credits are in vogue in USA, but not in India. They are used as
substitutes of Performance guarantees or for securing loans. They are opened by banks in
countries where they are precluded by law from issuing guarantees.
ii)
Suppliers Credit: This is another method of financing capital goods by banks. The exporter
raises a loan from his banker under the export credit scheme in force in his country and
extends a credit to the importer. The payment terms are normally 15-20% down payment and
the balance payable in 10 equated half yearly installments. The interest charged is linked to
the extant export credit rate as decided by the Organisation for Economic Cooperation and
Development (OECD). The bills or promissory notes issued by the importer for deferred
payment credit are normally guaranteed by the importers bank.
iii)
Forfaiting: For import of capital goods on medium term credit, without recourse to the
exporter, against the guarantee or aval of the importers bank. Please refer to Unit 5 for
details.
iv)
Import Leasing: Ships, aircrafts, oil drilling rigs etc. are often acquired through
international leasing for taking advantage of cheaper international financing cost and also tax
shields available in more than one country (double dip tax advantage). The leasing method
is preferred to the asset owning method also because of the risk of obsolescence of the
costly and high technology driven assets. For details, please refer to Unit 5.
v)
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7.5.2. Pre-shipment Finance:
Pre-shipment credit is a working capital (short-term not exceeding 360 days) finance extended to
registered exporters at the pre-shipment stage, in anticipation of his exporting
the goods to a foreign country. Pre-shipment finance is inter-linked with the post-shipment finance (vide
next section 7.5.2) as the latter liquidates the former. The salient aspects of pre-shipment finance, as
briefly described below, are governed by RBI regulations, including concessionary finance, which
should be strictly followed by banks. This is in contrast to domestic finance where bank is free to charge
interest rate as per the credit rating of the borrower/ facility and the bank can also dilute its internal
norms with proper internal approval, without any reference to RBI.
i)
ii)
Eligibility Criteria:
iii)
The exporter must have IEC number allotted by the Director general of Foreign Trade
(DGFT).
The exporter should not figure in the exporters caution lists of RBI and Export Credit
Guarantee Corporation (ECGC).
The period of packing credit should be decided by the bank having regard to specific factors
in each case, such as production cycle, shipment schedule, but not exceeding 360 days. Any
advance in excess of 360 days will not qualify for the concessionary interest rate for export
finance and the domestic credit rate would be charged on such advance ab initio.
Each packing credit advance must be adjusted by the proceeds of the relative export bills
purchased/ discounted/ negotiated/ Rupee advance allowed.
Where packing credit can not be adjusted due to the exporters failure to ship the goods, the
advance can be adjusted by transferring funds from his domestic cash credit/ overdraft etc.
account and interest applicable to the domestic credit be charged from the date of
disbursement of the packing credit until adjustment.
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7.5.3. Post-shipment Finance:
i)
Main elements:
ii)
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WTO
ECB
LIBOR
OGL
GDR
FCNR
NRE
PIO
AD
DFI
UCPDC
FEDAI
ECGC
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B) Match each term in column I with the appropriate term in column II so as to form meaningful pair of
terms:
Column I
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
Column II
NR accounts
NRE accounts
FCNR accounts
Foreign Direct Investment
Cash exports
Pre-shipment Finance
ECB
Forfaiting
International Leasing
Import LC
Confirming bank
Tax shield
Without recourse finance
PIOs
Indian Rupees
Infrastructure projects
Working Capital Finance
180 days
FIPB
Convertible Currency
be
opened
by
banks
which
are
designated
as
----------
ii) FCNR accounts are opened in specified ------------ currencies in the form of -------------------------.
iii)
Interest earned on NRE accounts is ---------------- in India.
iv)
Loans -------- be granted by banks in India against the security of NRE accounts.
v)
ADRs are issued as per security regulations of -------------- where these securities would be
listed.
vi)
Each exporter and importer who wants to avail bank finance must have --------number.
vii)
---------------Credit is a form of pre-shipment finance.
viii) Post-shipment Finance is used for liquidating the relative ---------------- Finance.
D) Please state whether the following statements are True or False:
i)
ii)
iii)
iv)
v)
vi)
vii)
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viii)
ix)
x)
Packing credit is granted only for packing of exportable goods, but not for other working
capital requirements.
Pre-shipment at concessionary rate can be granted to a SSI unit for over 360 days.
Deferred term export finance exceeds 180 days.
7.8.TERMINAL QUESTIONS:
i)
ii)
iii)
iv)
v)
vi)
Distinguish between FDI and ECB as sources of external finance. Which route you prefer for
financing Indias economic development for the next 5 years and why?
Explain the unique risks associated with cross-border financing..
What are the various kind of LCs. Describe their main features.
Why LCs issued by some banks are required to be confirmed by another bank?
Distinguish between Pre-shipment and post-shipment finance.
What are the main regulatory requirements governing international trade finance in India.
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
NR accounts
NRE accounts
FCNR accounts
Foreign Direct Investt.
Cash Exports
Pre-shipment Finance
ECB
Forfaiting
International Leasing
Import LC
B)
PIOs
Indian Rupees
Convertible Currency
FIPB
180 days
Working Capital Finance
Infrastructure projects
Without recourse finance
Tax shield
Confirming Bank
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C)
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
Authorised Dealers
RBI
Foreign
Term Deposits
Non taxable
Can
USA
Importer-Exporter Code
Packing
Pre-shipment Finance
D)
Statements at (i) to(ix) are False and at (x) is True.
End of Unit 7